Beakey v. Knutson
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. The plaintiffs, two of whom appear by guardian, are children of James W. Beakey, deceased. Before his death the latter made a will which, omitting the publication and attestation clauses, reads thus: “First. I give, devise and bequeath all of-my property of every kind and nature wheresoever situated to my executrix hereinafter named; “Second.
Read the full summary
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. The plaintiffs, two of whom appear by guardian, are children of James W. Beakey, deceased. Before his death the latter made a will which, omitting the publication and attestation clauses, reads thus: “First. I give, devise and bequeath all of-my property of every kind and nature wheresoever situated to my executrix hereinafter named; “Second. I direct that my executrix hereinafter . named shall have full, complete and absolute authority to sell, dispose of and use in any way she may deem proper, all my said property or the proceeds…
1Opinion of the CourtBurnett, J.
1, 2. The dispute is to be solved by a proper construction of the will in question. It is elementary that the whole instrument must be taken together knd construed so as to effect the intention of the man who executed the writing, owned the property and had the power to dispose of it. We cannot adopt a process of dialysis, taking here a part and there a part of the document, and base our conclusions on any single clause. We must assume that by every*578thing he put into the writing the testator meant something and had a purpose for his utterances. If possible, the several clauses must he made to…
2Cases cited7 opinions
- Trutch v. BunnellOregon Supreme Court · 1883
- McDuffie v. MontgomeryU.S. Circuit Court for the Northern District of Illnois · 1904
- Neilson v. AlbertySupreme Court of Oklahoma · 1913
- Rutherford Land & Improvement Co. v. SanntrockSupreme Court of New Jersey · 1900
- Curd v. FieldCourt of Appeals of Kentucky · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- Sturtevant v. SturtevantOregon Supreme Court · 1919
- Miner v. WaldenNew York Supreme Court · 1979
- Gildersleeve v. LeeOregon Supreme Court · 1921
- Fields v. FieldsOregon Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.